Rupesh Thakur @ Satyam Kumar vs The State Of Bihar
2021 Latest Caselaw 335 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 28039 of 2020
    Arising Out of PS Case No.-489 Year-2018 Thana- DARBHANGA SADAR District-
                                       Darbhanga
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Rupesh Thakur @ Satyam Kumar (Male), aged about 38 years, Son of Prahlad Thakur, Resident of Village-Sain, P.S.-Kanti, District-Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate with Mr. Pushpendra Kumar Singh, Advocate For the State : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2021

Heard Mr. Ajay Kumar Thakur, learned counsel along

with Mr. Pushpendra Kumar Singh, learned counsel for the

petitioner and Mr. Ram Anurag Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Darbhanga Sadar PS Case No. 489 of 2018 dated 22.12.2018,

instituted under Sections 302, 120 (B) of the Indian Penal Code

and 27 of The Arms Act, 1959.

3. The allegation against the petitioner, though not

named in the FIR, is of killing the brother of the informant.

4. Learned counsel for the petitioner submitted that

nothing has come against him and only on the confessional Patna High Court CR. MISC. No.28039 of 2020 dt.25-01-2021

statement of Niraj Mukhiya, Bhola @ Ritu Ranjan Kumar and

Rupesh Kumar Singh, who were arrested by the police, he has

been implicated as being an accomplice to the crime. Learned

counsel submitted that there is no witness and only on the so-

called confessional statement, that too before the police, his name

was introduced. It was further submitted that the above three

persons arrested by the police have been enlarged on bail by the

Court.

5. Learned APP submitted that the three persons who

were arrested have taken the name of the petitioner as being an

associate in the killing and the petitioner has two other criminal

cases under various sections of the Indian Penal Code, including

Section 307.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T